What services does a Notary Public provide?

A Notary, or Notary Public, can authenticate or legalise any document. A Notary can also provide legalisation or an apostille, if needed. You will normally require the services of a Notary Public when you have documents which are needed to be used abroad. The Notaries signature and seal will verify to the authorities in that country that the relevant checks have been carried out.

The need for a notary public is dictated by the requirements of the country where the document is to be used. For example, if you wish to buy a property abroad, it is often necessary to give your overseas lawyer power to deal with the purchase. This can be done by means of a power of attorney, which is signed by you in front of a notary. The notary public will confirm your name and identity and sign the document and seal it with their official seal.

Documents in a foreign language

If a document requiring notarisation is in a foreign language it may be necessary for the document to be translated by an official translator who will then have to sign a statutory declaration certifying that it is a true translation.

In some cases the Notary may be able to watch the signing of a foreign document and then prepare a covering certificate on which they fix their seal of office and signature to confirm that they have witnessed the signing and checked identity. The Notary must be completely satisfied that the person signing is fully conversant with the language of the
document and has been properly advised on its contents.

What is Legalisation or Apostille?

Many countries also require notarised documents to be legalised. Legalisation is a double check to make sure that the notaries’ signature is genuine and recognised by the Foreign and Commonwealth Office. Documents may also be checked by foreign embassies to make sure that the notary's signature matches the one on their records. The requirement for this will depend on the foreign country involved. Once the authenticity of the signature is confirmed a certificate is attached, called an "Apostille".

Independence and Rules

A notary is an independent officer and must not do anything to compromise this. They should not act in matters where they have a personal interest, and are subject to professional rules and standards to ensure the protection of their clients. They are also bound to follow the rules on the prevention of money laundering. Notaries must be insured against negligence and dishonesty.

Public Records kept by a Notary

A notary will keep a full set of the originals or copies of all the official documents that they make and this serves as a permanent public record. They must make these available to all those who have a proper right to see them including their client and any other parties involved in such documents. They also refer to the record to make copies when needed.

Conflicts of Interest

A Notary has to act independently and impartially. A notary may act for both parties to a contract, but they have to identify potential conflicts of interest if they exist and try to resolve them if possible.

What identification does a Notary Public require?

Following the implementation of the Money Laundering Regulations 2007, notaries are now obliged to keep sufficient evidence on their files of the identity and the address of all their clients before they undertake any work.

Each person whose signature they are to certify must provide one of the following original identification documents at the time of the appointment.

Passport

Driving licence (with photo card)

National identity card (EEA state members)

An armed forces pass (with photo and signature)

Firearms licence (with photo and signature)

Other government issue ID (with photo and signature)

Residence permit

Benefit book or original notification letter from Benefits Agency

In addition, they require proof of residence, which can be one of the following original documents:

Bank statement or letter from bank

Utility bill or council tax bill (not mobile phone bill)

Tenancy agreement or Housing Association rent card

Inland revenue tax demand or self assessment statement

When a notary public is acting for a corporate client, evidence of the due incorporation of the company or entity is required. This can be one of the following documents:

Extract from the company register

Certificate of incorporation

Latest report and audited accounts

Up to date certified copy of partnership agreement

Evidence of being regulated by a regulatory body such as the Law Society or FSA.

In addition to the above, each individual signatory will need to produce one of the identification documents mentioned above.

Notarisation for Polish clients

We can notarise documents for use in Poland once the documents have been prepared.
We can arrange for the documents to be translated into English by a Polish translator if required. Please contact us for more information.